When one thinks of a charge for Driving Under the Influence (DUI), they typically do not think of the civil side. Most people, when they hear DUI, they think of the criminal offense. However, DUI charges also come with the possibility of civil penalties through the Department of Motor Vehicles (DMV).
The first issue deals with whether or not law enforcement had 1) Reasonable suspicion to believe that a vehicle code violation had occurred; and 2) Probable cause to arrest one for driving under the influence. This also falls under the purview of the Fourth Amendment to the United States Constitution for one to be free from unlawful searches, seizures and detentions.
In every criminal case, one has an absolute right to a Jury Trial where the Prosecutor must prove the accused person’s guilt BEYOND A REASONABLE DOUBT to a jury of 12 of the accused person’s peers. DUI trials typically last 3-6 days and are an effective way to prove innocence!
A License suspension can be devastating for a driver in California. If DMV suspends one’s license as a result of a REFUSAL, DUI, .01% OR MORE BAC, NEGLIGENT OPERATOR, or any other reason, you have a couple of appeal options. Joshua Price handles all DMV appeals and can walk you through the process and WIN your DMV Appeal.
There are many motions that can be run in your DUI Case prior to trial. Mr. Price has successfully had many DUI cases dismissed prior to trial through pre-trial motions. One of the more common motions of this type is run pursuant to Penal Code Section 1538.5 and based on a violation of one’s Fourth Amendment right to be free from unlawful search, seizure and detention.
